The Sun. — London, England, 1826-08-04 00:00:00

to learn, destroyed these hopes, and great appvehett• sions are generally entertained, that a total failure of this most important root will in west places be ex perienced. This will much add to the distresses of the working classes, of whose rood Potatoes, in many parts of the Kingdom, coristitute so large a portion, while it will also lessen the means of giving relief to the unemployed. Th e price of Pork and Bacon will be also enhanced by the bad crop of Potatoes in Ireland, and, on the wh ok t , we fear there is no probability of the general nr:ce'ssaries of lif e b e i ng re d uce d i n price. , The th u ,, ider showers now flying about will be fa veurable t( J the Turnips, and we recommend, that all th e rm . :id Which can be spared, be sown with this va 4tbl . ,e root. • T ,he accounts from the country this morning arc 'more favourable. Fine cl jibs are in great demand in Yorkshire. Now that the Assizes are drawing near a conch:- . smn,,the public will reasonably presume that all the cause s entered for trial at the commencement of the Cirauits are Aisposed of, and that the grievances of the res' i sectivei plaintiffs have been amply satisfied by the frill measure of impartial justice. But such, alas, is `not the case. In many instances, the plaintiff has not been allowed even an opportunity to prefer his coin- Vatint ; —although he has been put to the harassing expense of bringing his witnesses from remote quarters to substantiate his allegations. It is painful to think how many persons there are in this predicament, whose , eases are left to stand over, (in technical language, as r emanent:), till the next Assizes-.-a period in many of the Circuits of eight long mouths ! in which time, very Possibly, the most efficient of their witnesses may die, or several of the parties, may be unable, from the same cause, to prosecute their suits; or be deterred from ob taining justice by 'the accumulation of the expense, in curred.through delay; so that a long purse is, after all, the best friend, in a law-suit, were it as tedious as a bill of discoveryfil , A in the Court of Chancery. The public will naturally ask, what is the reason why so many causes are , thus left untried on the various Circuits, and a thou sand an ewers may be given, according to the parties to whom they are put ; one will say that the Judges had too r nuch to do, and too little time allowed to finish the business before the Commission must be opened in, the next county; another evill say, that the parties 'were not ready ; a third will insinuate, that the Judges were too old to get through the matter speedily) and a fourth will say, that the Counsel advised the Attorney to manage to put the trial, off; as his client would have ' a much better chance nex'c time : in short, every one has his reason,. and offpost 'the learned cavalcade to the next assize town, leaving in ore grievous causes of individual injury, private intertsst, or public importance, untried behind them, than axe to be disposed of where they are going. But the I e tt er o f th e comm i ss i on i s impera tive, and must t,e obeyed. Now, that justice is de layed, in• man i'astances denied, by one or a combi nation of all thrJse circumstances, cannot be doubted ; and every suitt sr who has lost his time, his money, and perhaps riltimately his cause, must wish for the re vision of a tJytitem of delay so grievous, objectionable, and even r vinous. The mild spirit of the English law declares 'h a t there shall be no denial of justice; but this, L like many other gold en ru l es , un f or t unate l y sees ,t"„e rue,tice too often a t var i ance w i t h t h e t h eory , an d tile sophistry and ability of Learned Counsel will n c4 rreconcile a man to the beauty of our Constitution, `‘ the glorious uncertainty of the law," after he has pad the double costs of a nonsuit, or been honoured smith the farthing damages of a special verdict, and all Isis own costs to pay ! The arrear of appeals in the House of Lords had become so great at one time, that the House thought proper to ad o pt a reme d y , b y d evot i ng more of its time to the business, and the consequence has been doubly advantageous to the public by getting rid of the old causes (remanent:), and by deterring parties who brought up appeals merely for the sake of delay, arid the evasion of justice, from bringing new ones. Thus touch time and enormous expence are saved, and the suitor for the sake of delay stopped at the threshold of the House, by the certainty that his case will soon be heard and disposed of little to his satisfaction. Now, a corrective and summary system in one branch, may he applied with equal benefit in another, and the accumulating g rievance of remanents on the Circuit s , b e got rid of at once. We know that one grand objection is the increase of business at the As sizes, but that being so, why not adopt means coin rnensurate to the' increase ? Does no t a man, emerg ing from a narrow sphere and li m i te d i nc ome, increase his establishment and require more attendants when his income is enlarged tenfold ? But there are other causes which operate to increase the remanents. The wisdom, pur i ty, and zeal of our Judges, no one can doubt ; but it is equally clear, that some of them are too far advanced in years for the dispatch of all the laborious business on the cir cuits, and th a t t oo i n a li m i ted time. It is excessively f atiguing to write dow n th e ev id ence in a hot court, for twelv e or sometimes fourteen hours. A great deal of time i s was t e d b y the slowness with which evidence is taken down, and the difficulty of' hearing. Another grievance, is the unnecessary and long-winded speeches of Counsel, which consum e much time, to no other purpose, than the mere display of (too often) vain glorioui 'oratory. A simple case, which might be plainly stated in five minutes, is involved in the rheto rical labyrinth of two hours or more, till the Jury are left at len g th b ew ild ered in a confound e d story," ten ti mes repeated, and clogged at each repetition; with some new matter, as foreign to the subject at issue , as the conquest of' China by th e Crim Tartars,' or the discovery of America by COLU MBUS ! Another crying evil, is the long and impertinent trove examination of witnesses, upon circumstances and private history, quite irrelevant to the pun pose ; and all - for what ? to lug in some occasion for the display of miSplaced wit or stale joke. N or i s the multitude of witne sses unnecessarily brought for ward in a plain case less reprehensible. And here is scope for the attorney to amend. It is idle—nay it 13 useless, and frequently injurious to the cause, to crowd the Court with a l ong s t r i ng of witnesses, where two or three would be sufficient. But it all helps to swell th e bill, and gives fictitious importance to the trial. Each succeeding witness corroborates the other like the long-continued peals of thunder echoing from rock to rock, and becoming more faint in the dis tance ; but does not elucidate the matter a jot. Ano ther frequent cause of delay is the lengthened argu ment upon conflicting cases of law, cited on either side, whenever a bone of contention is picked out fbut or the display of legal ingenuity arid learned research. this' is - often clit short by the dictum of the Judge very properly overruling the point at once. gat ewes the )otig mid it tedieut reply "—the for ' torn hope of a bad cause-.more long-winded and dis tressing in proportion to the hopelessness of the case. It would seem, that the zealous Counsel, in spinning out his reply, with more volubility than discretion, was running a race in fancy against the summing-up of the Judge, who is sitting on nettles during the infliction of the lengthened harangue, and is often obliged to re lieve his patience by abruptly telling the Learned Gen tleman that he is travelling out of the record, and at the same time pointing to the clock ! But this only serves to call forth how highly the learned hero of the " Reply " has been honoured by the kindness of his Lordship, and forth he launches again with " more last words," to convince the Jury (who have been lulled to sleep long ago,) that his case is as plain as possible, and he has no doubt that they will assert the best pri vilege of Englishmen, and do justice to their own con science, by giving " a true verdict "in his favour. The Jury are roused from their slumber by the cessation of the Learned Gentleman's voice, just as a dozing rider is startled awake by the horse suddenly stopping. Then for the Learned Judge's summing up—the old dull story over again ! But here a dilemma frequently arises ; for his Lordship, after descanting upon the particular bearing of a certain fact, and wish ing to be quite correct, proceeds to read it to the Jury, but lie cannot decypher his own writing ! Half a dozen counsel hasten to assist his memory, but only encumber him with their help ; for it often happens, that each has a different version of the fact, more fa vourable to his own view of the question. Surely all this requires amendment ; for it is melancholy to think how much time is wasted by such practice. If there are fifty cases to be tried in five days, and to be dis posed of at the rate of ten per day, is it not manifest injustice to those near the bottom of the paper, if one case of little importance is stretched out by the bick ering of counsel, to last the whole day ? And such instances are not unfrequent. The practice of leading counsel monopolizing all the briefs is another griev ance, not only to the junior members of the bar, but to the public, who for their own safety are induced, like crows, to build their hopes on the highest branch. —Now as possession is held to be nine points of the law, the " old crow" sticks at the top of the rookery till he falls off, from the mere dotage of old age, la mented by the joyous chorus of his aspiring successors. We would remedy this accumulating load of griev ous delay, by apportioning the burden to the strength of the bearer. Let Judges past a certain age be re lieved from going the circuits, and replaced by substi tutes of younger years, more activity, though less ex perience, but more natural capability, provided always they do not fall asleep in the middle of a cause. If the ex pected business on each circuit cannot be well ascertain , ed when the arrangements are made, let learned Ser geants who have left off practice, and are looking to the Bench, supply the place of th e J u d ges , an d wind up the assizes at each place where the Judges are compelled to leave rentanents. This plan would be beneficial to the briefless members of the bar, by afford ing them opportunities of displaying much unknown ability. It would also operate beneficially on those whose bags are full by causing them to make short work of the matter, under the consciousness that delay would oblige them to hand over their unwilling briefs to others. This circumstance would work miracles. Nor could there be any fear that justice would not be as well done by expectant Judges as by those in possession, and any errors could, as in the present case, be remedied by the Court above. Monopoly is bad in all cases. It may be very well for " Leaders" to amass fortunes, but wealth should not be acquired by the ruin of clients (through delay), and keeping younger merit in the back ground. The increase of business might be met by an increase in the number of Judges, and extend ing the number of the places of Assize, by which plan witnesses would be saved a journey of fifty miles from one extremity of a county to the other. There, can be no charm in the number twelve, nor can precedent justify abuse. Had our ancestors adhered Co prece dent, we should never have beheld 'Westminster Abbey, nor a first rate line of battle ship. Nothing is of more importance to the community than a ready access to justice and a speedy decision of the cause. People will entertain more respect and affection for the laws, from a consciousness that justice will be as suredly and promptly done ; and the wisdom of our le gislators cannot be more beneficially employed than by making the institutions of the country more worthy the respect of an enlightened people than the blind adoration of unreflecting minds. Mr. PEEL has nobly led the way in brushing off the dust and cobwebs of antiquity from our statute book, and he can only en 'huge the perpetuity of his fame by simplify ing the practice o f our C ourts o f L aw. The exce llence of our venerable constitution, will be preserved, not in jured, by the judicious alterations of the Right Honourable Gentleman, who reforms, not with the undiscriminating- rudeness of a spoiler's hand, but corrects the errors of our institutions, while he reno vates their spirit and improves their beauty. We have received Jamaica Papers to the 22d of June. They are entirely barren of political intelli gence. The House of Assembly in Jamaica was dia solved - proclamation on M on d ay , t h e 12 t h o f June, end were to t a k e p l ace i n J u l y. cthe by elections A letter from Cumana, of as l a t e a d ate as t h e 17 t h of June, was yesterday received in town ; it came by the Milanie to Bordeaux. Its Contents are chid ) mercantile, but it possesses considerable interest, inas much as it conveys the assurance that every thing was perfectly tranquil up to that date ; this, of course, is a favourable feature, as it chews that General Bermudaz, who i s Governor (and known to be inimical to the measures of Paez), had no t taken any steps aga i nst him. Cumana is two day's journey from Caraccas. Extract of a letter dated Palermo, July 17 :—"Our holidays are just over, hut such is the depressed state oi`the lace, that we cannot expect any improvement. The Messina Decree will come out , it is said, at the end of the month, and the Porto Franco will be con siderably cramped, as it is understood the reduction on duties will be only 5 per cent. instead of 15 per cent., as heretofore • the town will be subjected to the payment of the duties on all imports. Exchange 61 3.lo t h e The fortification s of Bhurtpore have been demo lished ; the r i n were bro wn cipal bastions and parts of several cur tainsleft to the rains up on th e 6 t h o f February, and it is basti t o o n Bourge, or " complete the ruin. The Futty poreans vaunted, 43 victory," built as the Bhurt men who fell in the wide the bones and blood of English men the dest assault under Lord Lake, is now laid low, and among ro ve " white men permitted to fly ' ,era were some of those who, after a period of twenty r fr°un her eternal walls," assault to witness her towers and years, returned to the to dust, to crumbling THE FUNDS. CITY, Twelve e Clock. The. British Funds had a tendency to drop at the latter part of the business of yesterday, chiefly, u it was supposed, from the re port of a heavy failure, which has proved untrue. This morning Consols opened at 781, with the appearance of considerable firm ness, and they have since advanced to 78a ; at this price there has not been any considerable transactions effected, but the mar ket looks well. In the Foreign Funds there is scarcely any busi ness, except in Mexican and Colombian Bonds, both these securities look heavy and are lower ; Mexican are 521 ; Colombian 34 1. Three per Cent. Consols, 784; Ditto for Account, 781 a; India 4 per Cent. Bonds, 21 3 pith ; Exchequer Bills, 19 19 pm. ; 4 per Cent. Scrip, I 1 pm. Foaxicx FuNns.—Brasilian, 59 61 ; Chilian, SR 40 ; Colom bian, 1822, 33 4 ; Ditt o , 192 4 , 34 1 5 ; Mexican, i per Cents. 45 7 ; Ditto, 4 per C en t., 521 3 ; P eruv i an , 26 9 ; Russian, ssi; Greek, 121 ; Sp an i s h, 101 . Mwas...Anglo Mexican, 474 24 dis. ; United Mexican, 9 8 dis. ; Brazilian, 14 15 pm. ; Bolivar, 4 pm. ; Gene ral Minin g Association, puxahua, 30 pin : _ - pm. ; PASCO Peruvian 10 9 dis. ; Tlal- SHARZS.--British Iron Comp an y, 19 ?dia. ; Welch Iran and Coal, 19 17 dia. ; Alliance Fire and Life, 617 per share; Pita°, Marine, SI 4. . . Two .'clock. A very important improvement has taken place in the British Securities, and considerable business transacted at higher prices, particularly in Money Stock, Exchequer, and India Bonds, the latter 'of which are in demand. Consols advanced to 7914, and are now '791 for account, and 79 for money ; the Scotch Bankers are understood to have been heavy purchasers, and Money Stock has consequently become scarce, the market con tinues to look very firm ; 3 per Cent. Reduced, 794 ;34 per Cent. reduced, 861 7; 4 per Cents., 9411; New 4 per Cents., 951 1; Exchequer Bills, 19 2() pm.; India Bonds, 25 pm. ; Bank Stock, 202 203 ; India Stock, 230 2. The Foreign Funds are rather better than in the morning. Mexican had an advance of nearly it per Cent., but receded to 531 4; Colombian continue at 3.51 ; Brazilian and Buenos Ayres, are each better ; th e former.: are 60 to 61, the latter 55 7. Russian also has gone up, and may be quoted 831 4. In Shares there is no material alteration. Brazil Mines are about 1 per cent. lower. THREE O'CLOCK. 3 per Cent. Consols, 79 for account, sellers. FOUR O'CLOCK--CLOSING PRICES. Consols 79 * Danish Bonds 57* 8 Do. for Op. 79* Greek Do. 1825 12* Brazilian Bonds 61 60 Mexican Do. 1825, 531 Buenos Ayres Do. 54* Peruvian Do. 27 64 Chilian Do. 41 41 Russian Do. 84 Columbian, 1824, 35 Spanish Do. 10 NAVAL INTELLIGENCE. His Majesty's ship Java sailed from Plymouth, for India, on the 2d inst. His Majesty's ship Warspite, bearing the flag of Rear- Admiral Gage, Commander-in-Chief of his Majesty'. ships in the East Indies, arrived at the Cape of Good Hope, on her way to India, on the 23d of May, after having been becalmed off the Cape for five days. The Warspite would probably have reached the Cape a fortnight before, had she not been detained by the Volage, which proved a very bad sailer. The two ships, how ever, parted company in a squall on the 16th of May. These letters were brought home by the Honourable Company'. ship Sir Francis Drake. The officers and crew of the Warspite had been quite healthy since her departure from Toner& APPOINTMNNTS..Captain- a, J. Hope Johnstone, has been re-appointed to the Alacrity. Lieutenant Charles Keefe, has been appointed to the Mr. George Windsor, Midshipman of the Sophie, has been promoted to the rank of Lieutenant for services in the Burmese war. Mr. James M'Connell, Surgeon, R.N. supernumerary Surgeon of the Maidstone. Mr. Wm. Jones, Surgeon, R.N. to the Alacrity. Mr. W. Simpson, Surgeon, R. N. to the Java, u supernumerary. Mr. Peter Marshall, Assistant-Surgeon, to the Alacrity. Dr. W. H. B. Jones, Assistant-Surgeon to tke Badger. Durn.—Lieutenant Francis Barre, R.N., stationed at Eccles bourne watch-house, near Hastings, on the 27th ult. of a bilious remittent fever, contracted by excessive fatigue for several nights, and exposure to the sun in the day, iu the discharge of his duties on the Beach, in the prevention of smuggling. DEATH OF THE EARL OFWINCHELSEA. Died, at his house, in South -street, on Wednesday . the 2d instant, in his 74th year, the Right Honour able George Finch, Earl of Winchelsea, K.G., Vis count Maidstone, Baron. Finch of Diventry, and Baronet, Lord Lieutenant and Custos Rotulorum of the county of Rutland.—His Lordship held the diffe rent offices of the Lord of the Bed-chamber, and Groom of the Stole to the late'King for nearly thirty years, and was Comptroller of the Windsor Establish ment till the decease of his Majesty. ASSIZE INTELLIGENCE. NORTHERN CIRCUIT—CARLISLE, Auousr S. (axexisrin THIS MORNING.) CIVIL SIDE-SLANDER AGAINST AN ATTORNEY. ARMSTRONG T. JORDAN. Mr. Jones opened the pleadings. Mr. Brougham stated the plaintiff's case. Mr. Arm strong, the plaintiff, was an attorney, who had formerly lived, and indeed was a native of Carlisle, but had removed to Liverpool, where he had a good practice. The defend ant was a grocer in this town, and it would appear had a somewhat slanderous tongue; and said at the King's Arms Inn, to a person named Irving, with whom he was in con versation, that "Armstrong (the plaintiff) was a villainous scoundrel, and a blood-sucking, petty-fogging attorney; and had robbed Edward Beaumont of 71.' The Learned Counsel called Mr. Joseph Irving, who stated that he was acquainted with both the plaintiff and the defendant. On the 4th of April last, at ten o'clock in the morning, he was sitting in the bar of the King's Arms Inn, with Mr. Donald, the landlord, and the defendant. In the course of conversa tion the defendant asked about Mr. Armstrong, and how he was getting on ? Witness answered that he was set tled at Liverpool, and doing well. The defendant seemed to doubt it, and dropped the conversation for some time; but something arising about an action, in which the plain tiff was employed, the defendant exclaimed " He is a pet tifogging attorney, and a blood-sucking designing scoun drel—he has robbed Edward Beaumont, of the Pine Apple, of 71. or 8/." That was all that passed ; witness communicated what he had heard to Armstrong, on his return to Liverpool. Cross-examined by Mr. Ficautxrr. I don't believe that the defendant used the words in any other sense, than merely applying them to the particular action or trans action arising out of it. I did not write the words down, but I informed my family, and then told the plaintiff shortly after m y return. lam convinced the words were only applied to the action of Beaumont's. I saw the words written down shortly after I told the plaintiff, indeed, I wrote them down, and he copied them, and by his direction I signed the copy. Mr. SetaLrrr.—Why, just now you told me that you did not write down the words. Witness.—..l did write them down certainly. Witness.-.. 1 do not live with the plaintiff---I am certainly inti mate with him... 4 came with him—we had a pleasant journey. The plaintiff amused himself with a man who was carrying a let ter, by throwing his hat over a hedge —we were in very good spirits, I assure you.—(A laugh.) Mr. S CARLITT a dd resse d t h e Jury for the d e f en d ant , an d ob served this ruse an instance of what could b e p ro d uce d b y a mit chievow, man , carry i ng w e , to and fro. There was a point for their consideration, w hich almost proved that the plaintiff was a iis o wn attorney bloodsucker ( an d he hoped that he would not bring an ac ti o n hisiii bt h one),, a nd he well k new t h at he could namely, that the plai n tiff was r ili c i anl ntl l iis hn ae n o action, lose nothing, hut, if he succeeded, could suck out of the defendant's pocket bill M U costs. Mr. Baron Huttacx, in summing up, observed, that taking the words into consideration, he was of °Pinion, that the only part of them which was a ctionable, were the words, 41 petty fogging attorney." The plaintiff was entitled to a verdict, and he believed the smallest damaged would meet the justice of the COL — The Jury consulted fora few minute*, and returned a verdict for the plaintiff... Dama ges O n e Shilling. LAW INTELLIGENCE. COURT OF CHANCERY—(Tmis DAY.) HABEAS CORPUS. IN THE MATTER. OF JAMES BOWES SMITHSON. Mr. Hart was under the necessity of making applica tion, though he felt bound to confess he did not know what it meant. The petition was the petition of a per son of the name of James Bowes Smithson, and prayed that the Court would order a writ of Habeas Corpus to issue, directed to the Wardell of the Fleet, to bring up the body of the prisoner, from day to day, before this Honourable Court, or the prisoner's Counsel, that he might be enabled to produce those documents, books, &c., and give all necessary instructions respecting the pro ceedings in his cause. This was what Mr. Hart was instructed to state. It was the case of a prisoner, and, therefore, it was his duty to submit it to the Court ; but he really did not know for what useful purpose the habeas was applied for. His Lordship observed, if there was any fault in this Gentleman's committal, he would have a right to a Habeas Corpus, to bring him up to be discharged; hut the Court had no power whatever to grant an Habeas Corpus to the Warden of the Fleet to bring the prisoner up from day to day. Mr. Hart said, the person who had left the papers he held in his hand at his chambers, was a person in the cha racter of a messenger at the prison. Mr. Hunter had had no notice of this application, but Mr. Hart would endea vour to communicate to him the Court's desire to see him. Ilis Lordship said, if this person were in prison for con tempt, it might be of some use, if any thing could be of use in these times, to state, that the prisoner's being con fined for contempt, was neither an act of the Court's, nor at its desire ; it was an act of one party, to compel another party to do the justice the law of the land required. There had been a great deal said by the Public about the hard ship of imprisonment for costs; now he himself had taken care to have got inserted into every Insol vent Act a provision, entitling persons to the bene fit of those Acts, who were confined for non-pay ment of costs, just as if, for any other debt, not withstanding there were publications sent forth to the world every day stating, that persons confined for costs could not be discharged under the Insolvent Debtors' Act ! His Lordship, from his own personal knowledge, could declare, that there were persons in prison who would not come out; and he would only further add, that when ever persons were committed, to the very utmost extent to which this Court could interpose on their behalf, every branch of it was most anxious to do so. COMMITMENT. DVAADIN V. BAMFORD. Mr. HEALD moved before the Court rose yesterday, for an or der to commit the defendant for a breach of an injunction granted on the Bth of November, 1820. Mr. Srxwcit appeared to-day, on behalf of the defendant, to oppose the application. The plaintiff was the owner of the lord ship of lands in the Manor of Rochdale, which were the lands in question, some of which were freehol.d, and smite of them copyhold. Mr. Bamford had a .grant from his father, of mines under freehold lands, situate within the township ; and he had sworn, that at the time he began to work the coal lying under the Hayes, in a close called the Pasture, an injunction was granted to restrain him from working the coals under the copyhold. An order was also made subsequently by the Court below, to commit him for a breach of the injunction. The order of conunital was never signed by his Lordship. An issue was directed to try whether the defendant had encroached on the mines under the copyhold, and the result.was, that the plaintiff was satisfied with a payment of 50W. for the coals that had been wrongfully worked out. The injunction was continued, and the present application was founded on a statement that coals had subsequently been continued to be worked out and taken away. Mr. HIALD considered he had made out his case. Mr. Srzweit thought, so far from the breach of the injunction having been demonstrated, the motion was, if not altogether, almost ridiculous. Ilis Loansittr asked, when Mr. Spence sat down, if there was any body to reply? It wt;s stated that Mr. Heald, who opened the motion, was not tin Court. His LORDSHIP, without uttering another word, said,'" dismiss the motion with costs," which was accordingly done. INSOLVENT DEBTORS' COURT—.(THIS DAT.) Edwin Brown was brought up on his petition, and it having appeared that he had made over his property on two persons, the Commissioners required them to be exa mined. . Mr. Webber stated, that the insolvent had made over to him some property, on the I7th of May last, by war rant of attorney. The Chief Commissioner said, that this was only two days before the arrest of the insolvent ; and the Act de clared, that any assignment of property made by an in solvent to a creditor, within three months previous to his committal to prison, shall be deemed fraudulent and void. Mr. Stapleton (the other cxeditor to whom the insol vent had assigned some property) stated, that the insol vent was indebted to him in the sum of 1051., for which he obtained a bill of sale, and took possession of his pro perty on the 10th of May last. The reason why he did this was because he wanted his money, and threatened to sue the insolvent for it. The Chief Commissioner asked if there was any person present who wished to be appointed assignee. Mr. Doyle, a glass-manufacturer, said, that he would willingly accept the appointment. lie had some time before received a warrant of attorney on a part of the in solvent's property, but could not avail himself of it, as an execution had been previously put in on the bill of sale, The Chief Commissioner.—These securities were evi dently given in order to exclude your claim. I would advise you to consult your attorney respecting it, as I think that these assignments are illegal, and that the pro perty can be recovered for the benefit of the creditors in general. John Daniel Clark was brought up for judgment. The Chief Commissioner said that it having appeared that while the Insolvent was in prison, he wrote notes to his tailor, repre senting himself at large, and thereby had fraudulently succeeded in getting some clothes on credit. As the amount of this debt was not large, the sentence of the court would not be so heavy as it otherwise should be. The judgment of the Court was, that the Insolvent be imprisoned for a period not exceeding five calendar months from the date of the petition. POLICE INTELLIGENCE. BOI.V-STREET..(Tans DAY.) A tradesman was charged with an assault on a person describing himself a solicitor, and residing in Norfolk-street. It appeared that some time since the complainant borrowed a gun of the other, and had sent it into the country, and on every application for it replied, that is a short time it should be forthcoming. This, however, not being the case, the owner went to the complainant'• house and refused to leave without it ; a sort of row took place, and the tradesman was brought to this office, but on Sir Richard Birnie hearing the case, he dismissed it ; and to-day, the same parties re-appeared, the owner of the gun complaining that he could not recover it. Sir R. Broom remonstrated with the solicitor on his conduct, who replied, " I borrowed the gun, and shall return it when I can, and you, Sir, have no power to restore it to him." Sir R. Boom—This is throwing off the mask, indeed,"as I now see your intentions, Sir, I shall advise this man how to act, but not in your presence; therefore, I beg you will leave the Office. The Solicitor walked out, and Sir R. Timers advised the man to bring an action. MARLBOROUOH-STFtEHT.—(Tnis DAy.) A queer fellow in a little blue coat, wits brought in for begging i n Regent-street. His appearance denoted him a vagabond " of the first water," and he told the Magistrate that he was greatly distressed, and could prove himself tth ea teas ns e o 4 f pa a i b )l i ( l t i e ty f . illu T n o g this the state ment he pledged his honour, and prod uce d several certificates ro p to etraibelteer'sitanandtioonneosftattlig that sub-constable. The Magistrate ordered h i m to he searched, when a sovereign and a half sovereign were found stitched in his inexpressibl es . Thi s contradiction of his statement of poverty did not discompose him ; but on the Magi strata ordering him to be sent to prison for a month, and the mone y found on hits to be paid f or hi s maintenance, he fell on his kneel, but was quickly removed by the ever active Marsden. FASHIONABLE INTELLIGENCt. ,WINDSOR, A oc. 3.—Yesterday afternoon, at half past tw o o ' c l oc k, hi s M AJESTY , acco mpanied by his illustriou s an d di st i ngu i s h e d v i s it ers , t og usual attendants, l e ft th e R o y a l Lodge in four phae tons, includin g th e double one, and two open landaos. Her, Royal High ness t h e D uc h ess o f K en t accom panied his MAJESTY i n e th e r with his his phaeton, who took the lead of the Royal party : and on leaving the Royal Lodge, proceeded to Sandpit Gate, where they in spected the menagerie, in which there is a grand col lection of birds and quadrupeds; after which his MA JESTY, followed by the party, proceeded to the private drive by Frogmore Lodge, opposite to which they en tered the Home Park, and drove to the Castle, where they arrived at four o'clock, and entered the Qua drangle by the, New Grand Entrance, where his MA JESTY and the Royal party were met by Mr. Wyatt vine, when his MAJESTY, with the whole of his party, descended from their carriages, and passed through the Grand Entrance to the State Apartments, the whole of which they passed through, from which they de scended again by the Grand Staircase, and proceeded to inspect .his MAJESTY'S new suite of apartments, which are in a great state of forwardness ; the beauty, construction, and the highly designed state of the whole, were much admired by the company. After passing nearly an hour and a half in the inspection of the much-interesting progress made, and improvements carrying on, with which the whole of the party express ed their approbation, on leaving the Castle, his 'MA-. jESTY and party returned by the Long Walk to the Royal Lodge. His MAJESTY'S private band played during the evening. This forenoon, their Royal High nesses the Duchess of Kent and the Duchess of Glou cester took leave of his MAJESTY, and left the Royal Lodgo, for their respective residences. This forenoon, the Hon. Mr. Gordon left the Royal Lodge for town. The other distinguished visiters continue. SPORTING INTELLIGENCE. TA.TTERSAI ST. LI ,'B, Alla. 3. 300 to 110 agst Belzoni et to 1 agst Bed'unite 10 to 1 agst Fanny 12 to 1 apt Pirate Fr to 1 apt Crusader :G Elt. 20 to 1 apt Euxton 25 to 1 apt The Dragon 30 to 1 apt The Omani 50 to 1 apt Swiss GM* 1000 to 15 oast Mae Adva KENDAL RACES...-WEDNISDAY, Aua. 2. The weather this morning was by no memo promising, but about noon the sun began to show itself in its meridian splendour, and by two o'clock (the time appointed for starting), the Fells, on which the races are held, were covered with all the wealth and beauty of the neighbourhood. THE GOLD Cur, which was brought to the Grand Stand, dis played upon a pole, preceded by a band of music playing Weber's celebrated overture to Der Freischutz. 'The Cup, value 100 guineas, is of elegant workmanship, richly chased, and surmounted by the representation of a very finely.modelkool horse. Until yesterday the odds were upon Lord Lowther's Isabella; but it having got wind that it was not intended to start her, the hem lag ones were all at fault. Mr. Whittaker's ch. in. by C,omue I Mr. King's br. g. by Catton - 2 Mr. Read's br. e. by Rhadamanthus bolted. Won in a canter. Sweepstakes of 10 soya. each, for horses, &c. not thorough•brad. Two miles and a distance. Mr. Hudson's h. f. Miracle • - 1 Mr. Jopp's b. m. Sister to Tawpy - A poor ram. A Plate of VI. Heats, two miles end a distance. Mr. Simpson's b. li. Young Corrector 1 1 Mr. Hudson's hr. m. Isabella 2 2 Mr. Johnson's Proserpine - - 4 3 Mr. Field's b. in. by Walton - 3 dis. Won in a canter, In going the last round in the second hat, two men, appa rently intoxicated, foolishly ran upon the course, and, notwith standing the exertions of the course-keepers, could not be got off before the horses came up. The second horse knocked one of them down, and Mr. Field's b. m. trod upon his breast, by which accident she was distanced. The man, we understand, is seriously hurt. Some dispute arose after the last race ; the jockey who rode Isabella complained that the winner had acted unfairly in passing the distance poet, by holding up his whip, and shouting, " Hume thee beat." The dispute, however, was considered of no conse quence. NOTTINGHAM RACES.—.IVtatiItIDAT, Attn. 2. Stewards—Lord R &Ncr.i rra and Joni , . &izaw►K, PAq. Mr. Houldsworth's ch. f. sister to Miss Maltby, •walked over or the Sherwood Stakes of 25 go. each. The Gold Cup, value 100 g.., and 70ge. in specie. Twe miles and a half. Mr. S. Lumley names Signorina - I Lord Manners names Conviction - I Mr. Charlton's Ringwood - 9 A Sweepstakes of 25 p. each, for three-yr-olds. Once mad and a distance. Mr. Houldsworth's hr. f. by FiTho Mr. Platel'n b. c. by Cannon Ball A Plate of 60/., given by the Mernhets for the County, was won in two heats by Mr. Mytton's b. c. by Amadis, beating Mr. ilouldsworth's b. 1. by Filho, and Mr. Sanders's Victory. ROCHESTER _RACES.—WinNtinAY, Aug. 2. The Maiden Plate of 50/. wal won in two heats by Mr. Mann drell's Syntax, beating four others. A Sts;eepstakes of 50 gs., by the Officers of the Cavalry Depot, was won by Mr. Burgess's ch. g. Ypsilanti, beating two others. The Hunters' Stakes of Si. each, with 351. added, was won in two heats by Mr. Howard's Roderick Random, beating two others. The Rockingham Stakes of 10 gs. each was won by Mr. A. Cockburn 's Partial, heating seven others, in a well-contested race. PEDESTRIANISM. The race of ten miles, between Janice Beddoe (a person of more speed than the Yorkshire Beddoe) and Capt. Pearson, took place on Wednesday morning over Marston Moor, near Hatfield : the ground chosen was a circle of one mile; and though the Captain was allowed half a mile, the match was won very cleverly by Beddoe. THE MARKETS. CORN-EXCHANGE.—(Tuts DAY). The arrivals are mall, except of Wheat, which are moderate. The trade for Wheat is dull, and what few sales have been made were at scarcely so good terms as on Monday. Barley, Beans, Pease, and Oats, remain as last quoted, with little doing. - - ARRIVAL& Wheat. Barley. Malt. Oats. Beans.)Pease.lFlour. Q n. qrs. Qrs. Qrs. Q rs. Qrs. 'Sacks. 01 tO 1.5200 6 t 300 [ 6,500 /50 4,600 p:v h Foreign SMITHFIELD MARKET.—(Tnts Day.) This day's market was, for that of a Friday, rather largely sup plied with Beasts (few of whi c h were of the first quality), but rather short of Sheep, Lambs, and Calves, the buyers of which appeared to be numerous ; Beef was very dull of sale, at little, if any, variation from Monday's quotations, which were exceeded by Mutton about id., by Lamb 44., and by Veal from 44. to 6d. per stone. ?RIMS 'PER STONt UT FILM. TO siINK OPTALS._ s. d. to s. d. Inferior Beasts 2 6 2 10 Second quality ditto 3 0 3 2 Prime large Oxen. 4 0 4 4 Prime Scots, ..... 4 4 4 6 Inferior Sheep .. . A 2 S 3 0 Second quality ditto 3 2 9 Coarse-woolled ditto 3 8 4 0 South Down Wethers . 4 0 4 There was nothing like* Sac sueny, Apt rtu CL Beasts. Sheoppo,n7rlsoLarabA. s. d. tor. 4. Large I..ainhii 4 1 6 Prime small ditto b 0 5 4 Large coarse Calves.— 310 4. 4 Calvert under lfat. each S 0 /I 4 Large llogs Small Porkers 4 3 1 4 6 g Suckling Calyea.„l44. to 31r. wka. Quarter old rigs..l4 to 140. 1611 E. d Mich Cow in the roarket. SAY'S STATIM/INT, I I Calve. P A . SOS s NEWGATE AND LLADENIIALL MARKETS. At per stone, by thy Carcass. 8. 0, to d. tttoti, d. Beet ......................... 210 4 0 .... M utton 2lO 4 0 Pork .e 54 to . Od. 3 8 n Lamb ...... .............. ss. . _ RIThtFORD MAR/. . , AUO. 2. -- a. d. tos-d- I s. d. to a. d. Beef 3 4 4 Lamb 4 0 5 0 Mutton ......... ~..„ ..... 3 4 4 2 Veal ... 4 0 5 2 s „ e kli ng c ah ,„71.,,m I4s. to yam• ; Quarter old Pigs 10s. to 151 nab. Supply mo d era tely troOti, and trade, though A little brisker thin oatis day se'onight, still dull.